Elder Law and the Deficit Reduction Act of 2005

ISBN: 9780820570822

2006

$23.00

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On February 8, 2006, President Bush signed the Deficit Reduction Act of 2005 (DRA) into law, making the most sweeping changes to the Medicaid system since 1993. As a result of this legislation, Medicaid recipients can expect to face higher co-payments and deductibles, while more affluent seniors will find it far more difficult to qualify for Medicaid-covered nursing home care since the new legislation imposes punitive new restrictions on the ability of individuals to transfer assets before qualifying for Medicaid coverage of nursing home care. In response to the Act, the LexisNexis Elder Law Editorial Board created this special pamphlet, containing analysis of the legislation, a copy of the letter from Senator Henry A. Waxman to Nancy Pelosi (Democratic Leader of the U.S. House of Representatives) that details the basis of the Constitutional challenge to the DRA, the text of the relevant portions of the Act, plus a red-lined version of the affected sections of the U.S.C.S.

Stuart D. Zimring

Mr. Zimring is a Fellow of both the National Academy of Elder Law Attorneys (NAELA) and the American College of Trust and Estate Counsel (ACTEC), a past President of NAELA (2005-2006 term), and a member of the Council of Advanced Practitioners (CAP) of NAELA. He is certified as a Specialist in Estate Planning, Probate and Trust Law by the Board of Legal Specialization of the State Bar of California. He is the co-author of California Guide to Tax, Estate & Financial Planning for The Elderly (LexisNexis). In addition, he has published articles in numerous journals and newspapers.

He is also a member of the Estate Counselors' Forum, the San Fernando Valley Estate Counselors' Forum, Warner Center Tax & Estate Counselors' Forum, the San Fernando Valley and Los Angeles County Bar Associations, State Bar of California, Southern California Council of Elder Law Attorneys and the Southern California Chapter of NAELA. Mr. Zimring serves on the Boards of Directors of a number of non-profit organizations including the National Senior Citizens Law Center and ONEgeneration.

Mr. Zimring lectured in Law for the Los Angeles Community College District from 1973 to 1983 and is a frequent Guest Lecturer at California State University Northridge and Stetson University College of Law on issues in Elder Law and Special Needs Trusts. He is a member of the Los Angeles Superior Court Probate Volunteer Panel and Mediation Panel.

He is admitted to practice in California and U.S. District Court, Central and Northern Districts of California and the U.S. Supreme Court. He graduated in 1968 from the University of California at Los Angeles with a B.A. degree and from the University of California School of Law in 1971 with a J.D. degree.

Rebecca C. Morgan

Professor Morgan is the Boston Asset Management Faculty Chair in Elder Law and Director of the Center for Excellence in Elder Law at Stetson University College of Law, and is the Director of Stetson's LL.M. in Elder Law. Professor Morgan teaches a variety of elder law and skills courses, and oversees the Elder Law concentration program for JD students. She is a co-author of Tax, Estate & Financial Planning for the Elderly and its companion forms set, Tax, Estate & Financial Planning for the Elderly: Forms & Practice (LexisNexis), and a co-author of Planning for the Elderly in Florida (LexisNexis).

She is a Past President of the National Academy of Elder Law Attorneys and Past President of the Board of Directors of the National Senior Citizens Law Center. Professor Morgan is a member of the academic advisory board for the Borchard Foundation Center for Law and Aging, an academic fellow of the American College of Trusts & Estates Counsel, a member of the American Law Institute, and a past chair of the American Association of Law Schools Section on Aging and the Law and of the Florida Bar Elder Law Section. She served as a special advisor to the ABA Commission on Law and Aging, was the reporter for the Uniform Guardianship and Protective Proceedings Act, and was on the Faculty of the National Judicial College. She served on the Florida Attorney General's Task Force on Elder Abuse and the Legislative Guardianship Study Commission.

Professor Morgan was the recipient of the 2003 Faculty Award on Professionalism from the Florida Supreme Court Commission on Professionalism. She received the NAELA Unaward in November 2004 for her accomplishments in the field of elder law. Professor Morgan, along with Professor Roberta Flowers, received the 2005 Project Award on Professionalism from the Florida Supreme Court Commission on Professionalism for their video series on ethics in an elder law practice. She is the 2009 recipient of the Treat award for Excellence from the National College of Probate Judges. She has authored a number of articles on a variety of elder law issues and has spoken a number of times on various subjects of elder law.

David M. English

David M. English is the William Franklin Fratcher Missouri Endowed Professor of Law at the University of Missouri-Columbia. Professor English, an expert in the fields of both estate planning and elder law, is a member of the Executive Committee of the ABA Section of Real Property, Probate & Trust Law, an Academic Fellow of the American College of Trust and Estate Counsel, and an elected member of the American Law Institute. He is a co-author of the LexisNexis companion volumes, Tax, Estate & Financial Planning for the Elderly and Tax, Estate & Financial Planning for the Elderly: Forms & Practice.

Professor English has written on a wide range of issues within his areas of expertise, including numerous articles on trust law, guardianship, health-care decision making and long-term care. He served as the Reporter for the Uniform Trust Code and Uniform Health-Care Decision Act, and is currently the Reporter for the Uniform Guardianship Jurisdiction Act and Executive Director of the Joint Editorial Board for Uniform Trusts & Estates Acts. He received his B.A. from Duke University and his J.D. from Northwestern University.